Judge Says P2P Legal According To The Law

[GanjaWarrior]

http://www.onmedicalmarijuana.com/2011/12/17/patient-to-patient-transfers-legal/

[Kingdiamond]

How awesome is that!

 

Hopefully this ruling can be usefull in some way to get the p2p restored in michigan.

[Medcnman]

Good to hear!! Thanks GW!! Medcnman.

[legacy]

The Judge based her decision on the clear language of the Act.

 

If that quote is taking a humorous jab at the COA's nonsense, i like it.

[pic book]

Given the August 24 COA decision I cannot see how the Barry County Prosecutor wud be content to rest upon his loss. The prosecutor was relyng on the COA opinion in bringing charges, and cannot have changed his mind to belive on the mere word of a circuit judge, that he is some fooltilting at windmills.

[thatoneartist]

lol, where is Barry County? I doubt Oakland will follow

[Timmahh]

Wow, Berrian County here I Come, if i could afford to move....

 

It is about darn time a Judge, did their Job, and READ THE LAW, Understood it for themselves instead of drinking Jim Jones.. err Bill Schuettes Koolaid!

 

Personal Letters of gratitude for actaully using her common sense in Reading and Understanding the law should be in order...

 

Kudos Judge Amy

[TheBeagle]

^^^ i agree anyone have an address..? send a nice xmas card

[Croppled1]

A little good news is sure welsome . Somedays the medical cannabis news is more then a patient can bear on top of disease and injury .

 

 

[michiganmedclones]

Does anyone fear an appeal by the Pros taking it to a higher court and them refrencing a higher court ruling on it being a no go esentially washing out this win were now celebrating? Don't want to be a downer but I agree with picbook on what he said...

[Dilligaf]

Hopefully it gets appealed and they turn over the previous nonsensical ruling by the COA where they referenced non existing Public Health Code rules.

 

Mike

[michiganmedclones]

AH! Thats the type of thinking I like to hear, hopefully they do take Judge McDowell's opinion into account and pull their heads out of their arses!

[Timmahh]

i fully expect Bull Poopie to appeal it on the ground the case was heard in a criminal court, not in a civil one, where he has influence.

[purklize]

I really want to see how they prosecute these guys. What section of the Public Health Code are they referencing? The section on SALE does not exist. Nowhere in Michigan law is the SALE of cannabis criminalized, only transfer and delivery are illegal (if you deal, you get charged with delivery). The MMMA specifically legalized transfer and delivery between patients. The court ruled sale wasn't legal because the MMMA didn't legalize sale, but sale was never illegal in the first place! (Remember, federal law does not apply here.) It's a basic tenet of law in this country: that which is not prohibited is legal...

[jimmy]

Way to go Judge McDowell..Now if you could only pass that ability to read and understand the law onto the AG all would be well.

[The Digital Nomad]

Well, the COA ruling outweights this one judge. You might expect the COA will overturn this dismissal.

Please do not use this single judge/ruling to begin P2P again. LEO can still arrest you with fake IDs for selling a CSA 1.

 

DN

[GanjaWarrior]

Well, the COA ruling outweights this one judge. You might expect the COA will overturn this dismissal.

Please do not use this single judge/ruling to begin P2P again. LEO can still arrest you with fake IDs for selling a CSA 1.

 

DN

 

ye its all part of a process.....thie judges ruling changes nothing....but the other judges opinion is bunny muffin..... coa over rules this judge and the law contradict the ruling the coa judge made....

[Croppled1]

Well, the COA ruling outweights this one judge. You might expect the COA will overturn this dismissal.

Please do not use this single judge/ruling to begin P2P again. LEO can still arrest you with fake IDs for selling a CSA 1.

 

DN

 

Better to be safe then sorry . Even when common sense requires a working program to have open transfers between participants . I have never heard a attorney say they recommended doing it .You risk loosing your right to grow and use which shouldn't happen either - thats torture . Truely scary for anyone who receives medical relief .

[The Digital Nomad]

I really want to see how they prosecute these guys. What section of the Public Health Code are they referencing? The section on SALE does not exist. Nowhere in Michigan law is the SALE of cannabis criminalized, only transfer and delivery are illegal (if you deal, you get charged with delivery). The MMMA specifically legalized transfer and delivery between patients. The court ruled sale wasn't legal because the MMMA didn't legalize sale, but sale was never illegal in the first place! (Remember, federal law does not apply here.) It's a basic tenet of law in this country: that which is not prohibited is legal...

 

I am not sure how to help you. Here is some reading to help you understand -

 

"The Public health Code act - http://legislature.mi.gov/doc.aspx?mcl-368-1978-7

 

Sec. 7303a.

 

(1) A prescriber who holds a controlled substances license may administer or dispense a controlled substance listed in schedules 2 to 5 without a separate controlled substances license for those activities.

 

-----

http://en.wikipedia.org/wiki/Controlled_Substances_Act

"

Main article: List of Schedule I drugs (US)

"Placement on schedules; findings required

Except ... The findings required for each of the schedules are as follows:

(1) Schedule I.—

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has no currently accepted medical use in treatment in the United States.

© There is a lack of accepted safety for use of the drug or other substance under medical supervision." [23]

No prescriptions may be written for Schedule I substances

 

Also the MMMAct its wording that a "CG can be compensated, and it will not constitute a sale of a CSA." The MMMAct should have said "patients transferring or delivering to another patient can be compensatated, and it shall not consitute a sale of a CSA 1." Since the MMMAct does not say that, you don't have a defense in P2P.

 

Again, the MMMACT says patients can transfer, deliver, and acquire. The recent COA says that a "SALE" is a transfer or delivery that INCLUDES money.

 

It is going to rest on the COA or Michigan Supreme Court to decide on the wording of 'medical use' and "assisting a patient with use or adminstering". In the mean time, be very careful, very private. If LEO stops you during a P2P, both of you should say "It is FREE, no one paid for the medicine".

 

DN

[Inepsa]

This is some really good news. Glad to see a judge with common sense

[GanjaWarrior]

I am not sure how to help you. Here is some reading to help you understand -

 

"The Public health Code act - http://legislature.mi.gov/doc.aspx?mcl-368-1978-7

 

Sec. 7303a.

 

(1) A prescriber who holds a controlled substances license may administer or dispense a controlled substance listed in schedules 2 to 5 without a separate controlled substances license for those activities.

 

-----

http://en.wikipedia.org/wiki/Controlled_Substances_Act

"

Main article: List of Schedule I drugs (US)

"Placement on schedules; findings required

Except ... The findings required for each of the schedules are as follows:

(1) Schedule I.—

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has no currently accepted medical use in treatment in the United States.

© There is a lack of accepted safety for use of the drug or other substance under medical supervision." [23]

No prescriptions may be written for Schedule I substances

 

Also the MMMAct its wording that a "CG can be compensated, and it will not constitute a sale of a CSA." The MMMAct should have said "patients transferring or delivering to another patient can be compensatated, and it shall not consitute a sale of a CSA 1." Since the MMMAct does not say that, you don't have a defense in P2P.

 

Again, the MMMACT says patients can transfer, deliver, and acquire. The recent COA says that a "SALE" is a transfer or delivery that INCLUDES money.

 

It is going to rest on the COA or Michigan Supreme Court to decide on the wording of 'medical use' and "assisting a patient with use or adminstering". In the mean time, be very careful, very private. If LEO stops you during a P2P, both of you should say "It is FREE, no one paid for the medicine".

 

DN

 

sorry i cant find my glasses.....is the jist of what you said based on the notion they can not sell a sched 1 drug?

[purklize]

There is nothing there that prohibits the sale of marijuana... the COA is issuing bad rulings, I agree people would be wise to respect their decisions and not sell, but they are definitely legislating from the bench.

[The Digital Nomad]

right - the DEA is saying that a license to dispense a Schedule 1 substance does not exist. That no person licensed to dispense a controlled substance - can dispense a CSA 1 substance. Then the PHC covers the rules of how you get licensed to dispense Controlled substances, and the rule of course points to "no one can dispense a CSA 1 substance."

 

these laws have been around since 1970, and the MMMAct did not supercede any of those laws. The MMMAct gave protection to the CG helping his patients he is connnected to via the registry - by saying "It shall not constitute the sale of a Controlled substance." We needed that wording for P2P, that patients engaged in medical use or 'assisting another' - WITH COMPENSATION, shall not constitute a sale of a CS.

 

The absence of such wording is not a defense.

 

DN

[The Digital Nomad]

There is nothing there that prohibits the sale of marijuana... the COA is issuing bad rulings, I agree people would be wise to respect their decisions and not sell, but they are definitely legislating from the bench.

 

I still don't understand how you come to that conclusion.

 

DN

[purklize]

I can't find anything in Michigan law that prohibits sale. Only can find laws prohibiting transfer and delivery. I haven't been able to find the word "sale" anywhere.